tv [untitled] March 1, 2012 12:00pm-12:30pm PST
that protected these local civil rights and state laws, including -- these are causes from the 2002 mou. the severance as the police department should be required to use only their investigative techniques. the chief of police will decide the specific objectives and organizational commitment to the jttf. control over sfpd resources shall be retained by the sfpd. responsibility for the conduct of officers shall be retained by sfpd. investigative restrictions imposed by sfpd will not be avoided. the informal policies applied will be the sfpd's. all those provisions i summarize, in 2007 in a secret agreement, were eliminated. they are taken out. what is in its place is a document that puts the fbi in complete control. it identifies all new federal policy -- supervisor mar: could use low down a little bit and explained
-- slow down a little bit and explain. >> i apologize. we have a lot of speakers. in 2007, the fbi circulated nationally a new standard mou. in all fairness to the san francisco police department, i fully expected that they gave this to sfpd and said sign on the dotted line. we only find out because of the public sector records request be filed last year. initially we were told it along to the fbi. these provisions were gone. they went from local control, local oversight, local policy, state civil rights protections to wiping them under the agreement completely and in its place are a series of provisions in the 2007 mou that says only federal policy is applied. there is a clause in there that says the sfpd officers working the jttf cannot even speak to
their own supervisors without the permission of the fbi, much less our civilian oversight system. the informant policies -- and there is a huge problem around that nationally. informal policies are the fbi's. those protections have been stripped. san francisco stood up for this in the past. we need to stand up for it again. well the brought this issue to the police department and the police department should speak for itself but characterized it in principle, agreed with us, issued an order and left this mou in place. when this legislation was introduced, the public affairs office issued a statement that said because we have issued our own internal order, the it mou the longer applies. that was the language used in the statement. no longer applies. to be sure we were accurate with our colleagues, we filed the public records act request about two weeks ago. do you have anything in writing
for the fbi that says the fbi criminal law applies? anything in writing to release you of your local obligations to comply with it? the response was no, we have no documents whatsoever. they confirm this mou remains in effect. to cut to the chase, this issue is about committing to writing, simply in legislation, provisions to protect our legal civil rights. if you think about it, the idea that people should put our sole rights on the basis of mere trust, so when they created the bill of rights and did not say, trust us, we will not violate our rights to free speech or unreasonable seek -- search or seizure. it will protection under a law -- trust us, we would never treat people unfairly. california right to privacy. of course the standards are put clearly in writing. to suggest we should really trust, especially in the
circumstance, with lots of rights violated, i think is inappropriate. there is a model that has worked in portland. we urge you to follow in portland's lead. thank you for your attention to this issue. supervisor kim: thank you. i have a question for the city attorney, ms. adams. how my understanding is any mou that is 10 years or longer must come to the full board for approval. in the case of an mou that gets -- the first one put in place currently with the fbi was put together in 2002. my understanding is, because it was amended in 2007, it was a new contract. is that the case, as an mou continually gets amended, that the 10-year does not begin, the
time clock gets reset? >> i think it depends on the way the agreement is changed. under 9118 of the charter, and when you're as a contract, contracts are approved by the board this day and all $10 million in expenses or exceed 10 years order of $1 million in revenue. in the case of an agreement that spans -- may not have a dollar and not attached to it -- but spans 10 years, that would initially be subject to board approval. any amendment to the agreement would be subject to board approval. if the agreement at the time it is first entered into does not rise to that standard, it would not come to the board for approval and the question is, how was it amended? was it a new agreement entered into, at which point? then you would look at the agreement as it stands on that date. as you say, reset the clock
their, -- there. if it is just trekking out terms, that would be a situation where you are turning what was a shorter agreement into a longer agreement and ultimately getting it to the point where it passes the 10-year market and would not need to be approved by the board. supervisor kim: it the intention of the mou are similar but there was a new agreement cent in 2007, does that reset the 10- year clock? >> not knowing all of the specific details, it sounds like it would be a new agreement. it would therefore be subject to resetting the clock. supervisor kim: thank you. at this time, i want to move forward with the rest of public comment. i will call out five speaker cards at a time. zina dubal.
nadal taqwan. kershid kojoa. >> hello, supervisors. i mep hd can then at uc- berkeley, a former staff attorney at is an law caucus. i directed this award program for several years. all over the country, including right here in sentences go we are seeing over by federal grants surveillance that is unjust regarding south asian, arabs, muslims, leftists, and from some litigation we engaged in over the past seven years, chinese and russian communities as well. what we are experiencing is actually farmers than the infamous era of the 1950's and 1960's intelligence gathering under j. edgar hoover. congress found the federal government had about 20,000 files on the new left over a 25-
year period. today, between 2009 and 2011, the fbi has admitted that they opened over 80,000 investigations without a factual basis. during that time period, i represented 50 people in this and the san francisco bay area, including from the city of san francisco subject to fbi investigation without a factual predicate. the reason this is happening, as you heard, is because of the 2008 attorney-general guidelines issued just one month before president obama took office. these guidelines take the clock back to the point tell pro aero giving agents leeway to do basically anything they want to surveil communities. sfpd currently has a contract in place with the fbi that puts our officers -- jttf officers -- under the supervision of the fbi
and mandates they follow these guidelines. it is great we have heard assurances from the sfpd, great to hear the chief say this will not happen under our watch, but verbal assurances mean little when what is in writing and what is done by the city says the opposite. the solution in front of you is tried and true. has worked in portland and we know that it hasn't enabled law enforcement to engage counter- terrorism activities with local oversight and local rules. i encourage you to look at the broad support. more than 60 organizations, labor groups, and legal organizations have endorsed a solution before you. it is key to bonds and secured and liberty and our city. i also want to direct your attention to a number of -- i research community policing and local law enforcement involving counter-terrorism activities. there are a number of activities that showed the increasing cost colon between local law enforcement and federal law enforcement in the counter-terrorism policing the environment has degraded the
trust of local law enforcement has established through community policing reforms over the last 20 years. that makes us less safer. community members are less likely to come to law enforcement when they experience - or when there is impending acts of terrorism or other acts of violence. this is not just about profiling. it is all about our liberty and security. i want to thank you for endorsing and sponsoring this. i encourage its passage. thank you. supervisor avalos: a question for the supervisor sponsor, but those two police officers, are they paid for a fully by the city and county of san francisco, does the fbi and budgeted for them? >> they are paid for by the city and county of san francisco but -- according to the 2007 mou -- they are put under the direct supervision of the fbi.
their work in fbi headquarters, on golden gate and are obligated to follow federal guidelines. supervisor avalos: ok. thank you. supervisor kim: please line up if i had called your name. hitt otherwise, i will call others bigger cars. if you are no longer speaking, i will call up other speakers. >> thank you so much for holding this hearing. my name is -- i am on the board of directors from the asian american bar association. aaba is a broad coalition of bay area bar association and several reorganizations. this coalition includes a coalition of san francisco, bay area association of muslim
lawyers, san francisco hass -- a national lawyers guild of the sentences of bay area, iran and american bar association of california, bay area lawyers for individual freedom and the vietnamese american bar association of northern california. as well as other civil rights organizations such as the aclu, asian law caucus. this coalition urges the full board of supervisors to pass this ordinance do with the time i have remaining i want to read from a letter dated today from the president of the bar association of san francisco address to the board of supervisors. i will read excerpts and then submit the entire record. the bar association of san francisco encourages you to enact the proposed save san francisco civil rights ordinance.
on a measure enacted in portland, ore., local police and civil-rights communities, this the decision would ensure members of the police department participating in counter- terrorism activities may do so in a matter that is fully consistent with faith and local civil rights protections. over the years, we have been a leader in nurturing the standards. especially given our role in treating these standards, we were discovered -- we were unhappy to learn and that the sfpd entered into a memorandum with the fbi which would allow and the standard to be blocked. we also communicated our concerns to the police commission last year. this legislation is consistent with law standing for civil liberties and concern for the rights of historical underrepresented and or marginalized communities. we respectfully ask that you support this important legislation. thank you. supervisor kim: thank you.
next we have -- george lipman. semaa. >> good afternoon. i am here as one of many professionals in the muslim community in the bay area. i am palestinian. i am their original project managers supervising transportation engineer, working with the state of california for the past 25 years. i have contributed for the past 20 years, to so many things in seven cisco. i was the designer for the bay bridge, bay shore of san francisco, central freeway, and now product manager for doyle
drive. there are many professionals serving the city and state with their hearts and minds. i just want to share with you, i was more fortunate than many others of my community members who have been interviewed once or twice with the fbi. the first week after 9/11, i was asked to meet with them. i was fortunate enough to have my legal side with me to push them aside. unfortunately, that is not the end of the story. every time i travel with -- overseas with my wife and children -- we have six children. we are stopped every time and are asked the most subjective questions. my son was interrogated for three hours.
questions like, how many lives are you going to marry? will you marry a suomi girl? all sorts of questions that are unfortunately on sounded for a reason. we love this city. we work so hard. i remember one night i was thinking how i would design parts of the bay bridge. i worked closely with many people, and i know i have so many colleagues who are doctors, ucsf, stanford. they are working so hard. we love this country. i came from palestine, graduated from high school. i lived through the intifada. that was a nightmare for everyone who had to go through it. i went to uc berkeley, got my master's degree from george washington. i saw that this was the freedom land. unfortunately, we are seeing this come back again. we all love san francisco and we
all stand up for its rights. we urge you all to support us. i appreciate your time. [applause] supervisor kim: thank you. >> my -- my name is george of the men. i am a resident of berkeley. in 1993, i was one of the hundreds of people illegally service and by a member of the sentences of police department and fbi to to my political and community activities. this experience heightened my awareness of governmental threats to our freedom and the urgency of civilian role of police intelligence gathering. today i am a member of the coalition for a safe berkeley. we have taken inspiration and the name from our sister coalition in san francisco. i am also the chair of the peace and justice commission but i am speaking here only as thyself. our collision has learned
officers from neighboring cities acting as agents of the jttf operate in berkeley in communities of color asking questions about people's political and religious views. also, the berkeley police department admits they sense a suspicious activity reports to the regional fusion center. s suchar -- one such sar included pictures of an individual taking pictures of a building. the center collects information from police agencies and corporations and the general public with no regard to first amendment or privacy safeguards and then forwarded to the fbi. a coalition for a safe berkeley is working with our city council to ensure our relationship other police departments through mutual aid, and our own police department's criminal intelligence work all are governed by strict adherence to
constitutional guarantees of freedom of expression and assembly and equal protection under the law and california's constitutional right to privacy. i urge you to pass the save san francisco civil rights ordinance. your positive vote will be a message to leaders in berkeley and run the state and nation at the era of racial, political, please profiling is over. and the civilian leadership will step up and decree the progressive dollars for police work that will truly provide safety and security for us all. thank you. [applause] supervisor mar: i does wanted to thank george -- we miss you from san francisco in berkeley. thank you for your support for an immigrant communities in the 1990's, the social justice part that you have done. it was terrible that you were interrogated like that. i appreciate your work on the other side of the day. thank you very much. [applause]
this has impacted my life, my family, my wife, my daughters. we did not know who to talk to for three years. i do not know how to sum up three years in three minutes. it has had -- it has been an horrendous time for us. we are just regular people. just going to the grocery store, people following you. at the beginning, i went to the police department. i told them, i am being followed by some people. one week later, i was followed by police in uniform through the streets of san francisco. we cannot even talk to the police now.
i am begging you to vote on this. it is really a civil rights issue. we are just regular people like everyone else. the fact that we are muslim does not mean that we are bad people. we are just regular people. i have lived here for more than nine years. we has it -- have a positive impact. we have been up and down the economy. we have a study like to try to help our community and people. thank you for the opportunity to talk to you. thank you. [applause] supervisor kim: thank you. >> good afternoon. i would like to thank the public safety committee for allowing me to speak about the opportunity you have in protecting the civil rights for our entire community. my name is karen. i and the co-founder of the -- institute for civil rights and
education at asian law caucus. we need to remember the lessons of history. just 11 days ago on february 19, we commemorate the 70th anniversary of the executive order 9066 that gave the military authority to force remove anyone of japanese ancestry from the west coast and mass incarcerate them into u.s. concentration camps during world war ii. many of those people were citizens and non-citizen that lived here in san francisco. i would like to thank supervisor mar for being a part of our recent program in recognizing on behalf of the san francisco board of supervisors the significance of continually educating the public about the importance of protecting our civil liberties for all. after 9/11, let me remind you, it was my father and the japanese-american community who first spoke up to warn of the
dangers of surveillance and racial profiling by law- enforcement agencies against the arab, middle eastern, muslim, and south asian communities, just because they look like the enemy. it is more important than ever for local cities and this apologies to uphold the civil and human rights for all their residents. our local of government is often the first, last, and perhaps the only defense protecting our community members in the face of federal targeting and racial discrimination. in the wake of the recently signed national defense authorization act, the committee and board of supervisors can take a significant leadership role for san francisco as a key model for the rest of the country. i strongly urge you to pass the save san francisco civil rights ordinance and signed into law. we are counting on you. let my father be your courage to go forward and do what he did.
by standing up for what is right. thank you. [applause] >> good afternoon. thank you, all of you, for listening to these incredible people and their incredible stories. they are very brave to come up here and share a lot of what has been difficult to talk about. i am here in my capacity as a former president of the bay area association [inaudible] and my three years on the board, we fill many concerns from the community. in the interest of times, i will ship three with you. we feel the question from high school students, college students, and graduate students who were contacted by the fbi about their affiliations, friends, family, and their contacts. especially in their country of lineage. whether or not they had been to
their country of lineage. we had been contacted by concerned parents of elementary school students who attended an islamic charter school who were appalled at the fbi i creating a junior agent program at the school and question children about their parents, parents affiliation, friends, and weekend activities. we have been contacted by business professionals who were stopped at the border, who had their laptops and telephones searched or taken away. they were afraid to speak out because they are scared to lose their jobs, and are afraid of being blackballed from future employment. i was stopped at the border myself when i returned. my friends who are part of muslim advocates, and nationals of our rights organization, approached me and said, would you come forward and give us your story? what happened to you at the border? i said, it was not that bad. i was able to talk my way out of it. there are so many people with so
many worse or resolution be highlighting. they responded, we would love to, but they will not come forward. they are too scared. the problem we face as attorneys, when we get these questions, we cannot answer what is happening at the federal level or at the municipal level. this ordinance will help us answer these questions because it provides transparency. it prevents the fbi from creating secret agreements with municipal police, and to be -- allow the mou is bad policing and contradicts the san francisco values. the ordinance has a sunshine provision and it should be approved. thank you. [applause] supervisor kim: thank you, ms. padilla -- abdullah. >> thank you. respected board, public safety committee members, i am a u.s.
citizen. i am an arab american community leader and a human rights activist originally from yemen. i am an arab american that has lived in this country for over 15 years. in all my time here, i have lived among many other arab- americans, who along with me, are being mistreated for no reason, just because of the way we look at who we are. we are being harassed and mistreated by the law- enforcement authorities. they treated us as if we were second-class citizens. i am an arab-american. i have responsibilities and rights as a citizen in this country. i look forward to local policy that will respect my constitutional rights, local policy that will protect my basic human rights and dignity and respect my existence as a part of this nation. this act of discrimination is impacting our community's help
by causing stress, fear, and fear impacting our community education, growth, and development. we are community members appeared we need to be able to turn to government agencies and law enforcement, including federal officers, for justice, leadership, and protection. instead, we feel less safe as a result of such biased and unacceptable acts of discrimination. despite racial profiling that puts innocent people behind bars, based on assumptions and a logical fax, we do not deserve this type of discrimination. therefore, we urge you all to act now and take a step towards resolving this crisis by doing what needs to be done to end this tragedy. past the san francisco civil rights ordinance today. vote yes for our protection. [applause] supervisor